DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3237-19 Ref: Signature Date Dear : This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Although you did not file your application in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three- member panel of the Board, sitting in executive session, considered your application on 28 October 2019. The names and votes of the members of the panel will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active duty on 18 August 1969. On 17 August 1973, you were honorably discharged. You request that the Board correct your DD Form 214 by adding the Republic of Vietnam Meritorious Unit Citation with Gallantry Cross Medal Color with Palm and the Republic of Vietnam Meritorious Unit Citation Civil Action Medal, First Class Color with Palm. You state that you previously submitted your request to the National Personnel Records Center, but it was denied. You assert that both unit citations were awarded to all Sailors and Marines who were in country between specific dates, and that you served aboard the USS for a year from October 1970 to October 1971. On 28 August 2019, the Board requested the Commander, Navy Personnel Command (NPC), provide an advisory opinion (AO) as to whether you were entitled to the unit citations. On 12 September 2019, the Commander, NPC, concluded that you do not meet the eligibility requirements for either citation. On 18 September 2019, the Board provided the AO to you and informed you that it is not binding upon the Board or the Secretary of the Navy and that you had 30 days to submit further statements or documentary material in support of your application. On 24 September 2019, you sent an additional statement and document. The Board carefully considered your application and record, and the AO and your response. The Board concluded that there was no error in your record. The Board noted that the Gallantry Cross Color with Palm and Frame (8 February 1962 to 28 March 1973) and the Civil Actions First Class Color with Palm and Frame (1 January 1965 to 28 March 1975) are authorized for all Navy and Marine Corps personnel who served “in country” (meaning boots on ground) in Vietnam during the eligibility periods. The USS and the surrounding waters were not considered “in country” for purposes of these citations. Additionally, the Board noted that the USS was awarded the Republic of Vietnam Meritorious Unit Citation (Gallantry Cross Color with Palm, but unfortunately, you were not serving aboard when the medal was issued. It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, 11/7/2019 Executive Director